State v. Davis

Citations

• 2019 Ohio 1904

Syllabus

Defendant's guilty plea to burglary was not knowing, intelligent, and voluntary because the elements of the offense articulated by the State at defendant's plea hearing did not constitute the offense of burglary, and the trial court also failed to advise defendant he was admitting all elements of the offense as required by Crim.R. 11. Defendant's assignment of error related to the imposition of consecutive sentences is moot given the reversal of his burglary conviction, and the trial court did not err in imposing the maximum sentence for receiving stolen property. Judgment affirmed as to receiving stolen property conviction, reversed as to burglary conviction, and remanded for further proceedings. (Welbaum, P.J., concurring in part and dissenting in part.)